Wilkinson pleads insanity in grandfather's dragging death

Just over a year after Richard Mel Wilkinson, 84, of Willits, was dragged to his death, his grandson, accused of committing the heinous act, has changed his plea from not guilty to not guilty by reason of insanity. The plea change may again delay the trial of Kenneth Lee Wilkinson, 23, of Willits, currently scheduled for May 6.

Kenneth Wilkinson had pleaded not guilty at his June 2012 arraignment. His defense counsel has been hinting for weeks about a possible change in plea. When Wilkinson changed his plea last Friday, it triggered a new calendar of expert hearings from psychiatrists for both the prosecution and defense. Those hearings may require the murder trial be postponed again. Trial was originally set for November 2012; it has already been postponed several times at the defense's request.

Wilkinson is charged with first-degree murder with a special enhancement of torture. These charges could land him with a sentence of life in prison without the possibility of parole. Wilkinson waived his preliminary hearing so the public has heard little new evidence about the case.

Wilkinson is accused of dragging his grandfather to death behind a pickup truck from the 1800 block of East Hill Road on March 17, 2012, to Pine Mountain.

According to police, Richard Wilkinson died of "multiple blunt force trauma," but Kenneth Wilkinson's attorney raised early doubts about when the elder Wilkinson actually died.

California law requires a substantial burden of proof to sustain a special enhancement of torture. The prosecution must first prove the defendant intended to kill the victim; that he intended to inflict extreme physical pain while the person was alive; and that the act would inflict extreme physical pain. It does not require the prosecution prove the murder victim actually felt the pain.

The victim was living with his daughter at an East Hill Road residence for several years. Alzheimer's disease had left Richard Wilkinson requiring around-the-clock care. The night Richard Wilkinson died, he was left in Kenneth Wilkinson's care while other family members went out to dinner, say police. When family members returned to the compound, the elder Wilkinson and Kenneth Wilkinson were both missing. Family members at first believed Richard Wilkinson had wandered off, but soon became suspicious and called police to report a possible assault. Before deputies arrived, Kenneth Wilkinson drove up and allegedly told the family he had "taken the elder Wilkinson away."

Deputies followed the trail of grisly evidence and soon discovered the body dumped down an embankment on Mariposa Creek Road. Roads throughout the area were closed for hours to allow forensic teams to gather evidence.

Early reports by family members suggested Kenneth Wilkinson had allegedly been under the influence of alcohol or drugs the evening of the murder.

Trials involving insanity pleas are split into two parts. The first requires the jury determine whether the defendant is guilty or not guilty of the crime. If the defendant is found guilty, then the jury must decide whether the defendant knew the difference between right and wrong at the time of the crime. Only if the defendant did not understand the nature of his act, or did not know it was wrong, will the jury find him not guilty by reason of insanity.

For this part of the trial, it is the defendant who has the burden of proof.

If someone is found to be insane, he is sentenced to a state mental hospital rather than prison.